India’s top court left it to a panel suggested by the government to address ‘human concerns’ of same-sex couples
An LGTBQ activist wearing a rainbow flag wristband gathers with others at the courtyard of India's Supreme Court in New Delhi on Oct. 17.India’s top court on Tuesday declined to legalize same-sex marriage and left it to parliament to decide, agreeing with Prime Ministercommunity in the world’s most populous country, five years after the court scrapped a colonial-era ban on gay sex.
Chandrachud said there was a degree of “agreement and a degree of disagreement on how far we have to go” on same-sex marriage, adding that four of the five judges had written separate judgments, reflecting the complexity of the case. It said the panel should include experts with knowledge and experience in dealing with the social, psychological and emotional needs of people belonging to the gay community.
“Marriage is a social institution. The marital status is not conferred by the state,” said Ravindra Bhat, one of the three other judges. “The idea of marriage is not a fundamental right.”
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